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Dell Inc. v. Sharp Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION)


July 6, 2010

DELL INC. AND DELL PRODUCTS L.P., PLAINTIFFS,
v.
SHARP CORPORATION; SHARP ELECTRONICS CORPORATION; HITACHI DISPLAYS, LTD.; HITACHI ELECTRONIC DEVICES (USA), INC.; HITACHI, LTD.; EPSON IMAGING DEVICES CORPORATION; EPSON ELECTRONICS AMERICA, INC.; HANNSTAR DISPLAY CORPORATION; TOSHIBA AMERICA ELECTRONIC COMPONENTS, INC.; TOSHIBA AMERICA INFORMATION SYSTEMS, INC.; TOSHIBA CORPORATION; AND TOSHIBA MOBILE DISPLAY CO., LTD., DEFENDANTS.

The opinion of the court was delivered by: Hon. Susan Illston United States District Judge

MDL No. 1827

STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING

WHEREAS plaintiffs Dell Inc. and Dell Products L.P. (collectively, "Dell") filed the above captioned lawsuit on March 12, 2010;

WHEREAS Dell filed a Notice of Related Case to In re TFT-LCD (Flat Panel) Antitrust Litigation, Case No. M:07-CV-1827-SI, MDL No. 1827, on March 12, 2010, and the case was reassigned to the Honorable Susan Illston on March 18, 2010;

WHEREAS, the Defendants have agreed to waive service and the parties have reached an agreement, pursuant to Civil L.R. 6-1(a), to extend the time within which the Defendants must move against, answer or otherwise respond to Dell's Complaint;

WHEREAS, the Parties previously stipulated and the Court ordered (Dkt. 1801) Defendants to move against, answer or otherwise respond to Dell's Complaint by July 6, 2010.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among the undersigned counsel, on behalf of their respective clients, Dell, on the one hand, and defendants Sharp Corporation; Sharp Electronics Corporation; Hitachi Displays, Ltd.; Hitachi Electronic Devices (USA), Inc.; Hitachi, Ltd.; Epson Imaging Devices Corporation; Epson Electronics America, Inc; Toshiba America Electronic Components, Inc.; Toshiba America Information Systems, Inc.; Toshiba Corporation; and Toshiba Mobile Display Co., Ltd. (collectively, "Defendants") on the other hand, as follows:

1. Defendants will have until July 16, 2010, to move against, answer or otherwise respond to Dell's Complaint.

2. Dell and Defendants agree to the following briefing schedule for any motion or motions to dismiss Dell's Complaint (the "Motions") and agree to file all motions or proposed orders as necessary to implement the agreed-upon schedule. To the extent the Court does not accept all or any part of the proposed schedule, Dell and Defendants agree to work in good faith to establish a briefing schedule for the Motions acceptable to all parties and the Court to replace that set forth below:

a. Dell will have until August 24, 2010 to file any response to the Motions;

b. Defendants will have until September 23, 2010 to file any reply brief(s) to the Motions;

c. The hearing on the Motions will be noticed for October 7, 2010.

3. Except as set forth above, all Local Rules shall remain in effect with respect to the briefing on the Motions. Entering into this stipulation does not effect a waiver of any defense under Federal Rule of Civil Procedure 12. This stipulation does not constitute a waiver of any challenge to personal jurisdiction by any Defendant.

FILER'S ATTESTATION

I, Kent M. Roger, am the ECF user whose identification and password are being used to file this Stipulation and [Proposed] Order. In compliance with General Order 45.X.B, I hereby attest that John Chung, Colin West, Jacob R. Sorensen, Steven P. Freccero, and Debra Bernstein concur in this filing.

Kent M. Roger Attorneys for Defendants Hitachi Displays, Ltd., Hitachi Electronic Devices (USA), Inc., and Hitachi, Ltd.

[PROPOSED] ORDER

Pursuant to the parties' stipulation set forth above and pursuant to Rule 6-1(a) of the Civil Local Rules, IT IS SO ORDERED.

20100706

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